The Supreme Court ruled that resignation from public office does not absolve an employee from administrative liability for misconduct committed while in service. In Baquerfo v. Sanchez, the Court emphasized that its jurisdiction over administrative complaints filed against erring employees continues even after their resignation, ensuring accountability and upholding public trust in the judiciary. This decision underscores that public servants cannot escape responsibility for their actions simply by resigning their posts.

Petty Theft, Grave Consequences: Can a Resigned Employee Evade Justice?

This case originated from a complaint filed by Rodolfo T. Baquerfo against Gerry C. Sanchez, a Legal Researcher II at the Regional Trial Court in Lianga, Surigao del Sur. Baquerfo accused Sanchez of grave misconduct for stealing and selling two unserviceable desk fans and one unserviceable electric stove, all property of the judiciary or the provincial government. The incident occurred on April 10, 2003, when Sanchez allegedly sold the items to a scrap iron buyer.

Sanchez denied the accusations, claiming they were unfounded and politically motivated. He argued that the items in question had been discarded as part of a cleanup project and that the witnesses against him lacked knowledge of the alleged incident. An investigation was conducted, and the investigating judge found Sanchez culpable for Grave Misconduct, recommending dismissal. However, Sanchez’s father provided a copy of the Court’s acceptance of Sanchez’s resignation, effective October 17, 2004, leading to a recommendation that Sanchez be considered resigned “with prejudice.”

The Supreme Court reiterated that the jurisdiction to hear an administrative case is not lost by resignation. Resignation does not preclude the finding of any administrative liability to which the employee shall still be answerable. The Court emphasized that allowing resignation to halt administrative proceedings would create injustice and encourage abuse by civil servants nearing the end of their terms.

…To deprive the Court of authority to pronounce his innocence or guilt of the charges against him is undoubtedly fraught with injustice and pregnant with dreadful and dangerous implications. For, what remedy would the people have against a civil servant who resorts to wrongful and illegal conduct during his last days in office?

The Court found Sanchez guilty of Grave Misconduct, as his actions were deemed a corrupt transgression of established rules, implying wrongful intent beyond mere error in judgment. Selling government property without authority, even if unserviceable, and pocketing the proceeds, irreparably tarnished the judiciary’s image. As a legal researcher, Sanchez should have known the proper procedures for disposing of court property, making his actions deliberate and inexcusable.

Although the amount involved was small, the Court focused on the intentional and unauthorized sale of court property, which led to the resignation. While the Court disagreed with the recommendation to consider Sanchez resigned “with prejudice,” as resignation is not a penalty, it affirmed that grave misconduct is punishable by dismissal from service with forfeiture of benefits and disqualification from re-employment in the government. Given Sanchez’s resignation, the Court ordered the forfeiture of his retirement and all other benefits, except accrued leave credits, and disqualified him from future government employment.

WHEREFORE, respondent Gerry C. Sanchez, Legal Researcher II, Regional Trial Court, Branch 28, Lianga, Surigao del Sur, is found guilty of GRAVE MISCONDUCT. His retirement and all benefits, except earned leave credits, are hereby FORFEITED, with prejudice to re-employment in any branch, agency, instrumentality or agency of the government, including government-owned and controlled corporations.

FAQs

What was the key issue in this case?	Whether an administrative case against a government employee is rendered moot by their resignation from office.
What was Gerry Sanchez accused of?	Gerry Sanchez, a Legal Researcher II, was accused of stealing and selling unserviceable court property.
Did Sanchez admit to the accusations?	No, Sanchez denied the accusations and claimed they were politically motivated.
What did the investigating judge recommend?	The investigating judge initially recommended dismissal but later suggested Sanchez be considered “resigned with prejudice” after his resignation.
What was the Supreme Court’s ruling on Sanchez’s resignation?	The Supreme Court ruled that Sanchez’s resignation did not absolve him of administrative liability.
What penalty did the Supreme Court impose on Sanchez?	The Supreme Court ordered the forfeiture of Sanchez’s retirement and all benefits, except earned leave credits, and disqualified him from future government employment.
What is the significance of this ruling?	This ruling reinforces that public servants cannot evade responsibility for misconduct by resigning from their posts.
What constitutes grave misconduct in this context?	Grave misconduct involves corrupt acts or a flagrant disregard of established rules, implying wrongful intent.

This case serves as a clear reminder that public servants are held to a high standard of accountability, and their actions are subject to scrutiny even after leaving office. The Supreme Court’s decision underscores the importance of maintaining integrity in public service and ensuring that those who violate the public trust are held responsible.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RODOLFO T. BAQUERFO vs. GERRY C. SANCHEZ, A.M. NO. P-05-1974, April 06, 2005